City CharterPART I CHARTER AND RELATED SPECIAL ACTS
Subpart A CHARTER*
*Editor's note: Printed herein is the Charter of the City of Miami Beach, as adopted by
referendum November 2, 1993, and effective on November 3, 1993. Amendments to the
Charter are indicated by parenthetical history notes following amended provisions. The absence
of a history note indicates that the provision remains unchanged from the original Charter.
Obvious misspellings have been corrected without notation. For stylistic purposes, a uniform
system of headings, catchlines and citations to state statutes has been used. Additions made
for cladty are indicated by brackets.
State law references: Municipal home rule powers, F.S. ch. 166.
Preamble
Citizens' Bill of Rights
Article I. Corporate Existence, Form of Government, Boundary and Power
Sec. 1.01. Corporate existence; form of government; Charter.
Sec. 1.02. Description of corporate boundary.
Sec. 1.03. Powers of city.
Sec. 1.04. Construction.
Article I1. City Commission
Sec. 2.01. Number and selection.
Sec. 2.02. Term and compensation.
Sec. 2.03. Powers of the city commission.
Sec. 2.04. Induction and meetings.
Sec. 2.05. Procedures for passing ordinances generally.
Sec. 2.06. Duties of elected mayor.
Sec. 2.07. Vacancies in city commission.
Sec. 2.08. Removals and suspensions from office of city commission.
Article III. City Attorney
Sec. 3.01. City attorney; duties generally; appointment of personnel.
Article IV. City Manager and Administrative Organization
Sec. 4.01. City manager--Compensation and qualifications.
Sec. 4.02. City manager--Functions and powers.
Article V. Budget and Finance
Sec. 5.01. General power.
Sec. 5.02. Budget.
Sec. 5.03. Tax on occupancy of hotels, etc., and on certain foods and beverages.
Article VI. Elections
Sec. 6.01. Electors.
Sec. 6.02. Nonpartisan elections.
Sec. 6.03. Qualifying.
Sec. 6.04. Vacancy in candidacy.
Article VII. Initiative and Referendum
[Division 1. Ordinances]
Sec. 7.01. Power of initiative.
Sec. 7.02. Power of referendum.
[Division 2. Ordinances and Charter Amendments]
Sec. 7.03. Form of petition.
Sec. 7.04. Filing, examination, and certification of petitions.
Sec. 7.05. Amendment of petitions.
Sec. 7.06. Results of election.
Article VIII. Schedule, Miscellaneous
Sec. 8.01. Effective date; review.
Sec. 8.02. Ordinances preserved.
Sec. 8.03. Repeal of former Charter previsions.
Sec. 8.04. Precedence over related laws.
Sec. 8.05. Officers, employees and agents.
Sec. 8.06. Debts, contracts and assessments preserved.
Sec. 8.07. Existing rights, obligations, duties and relationships.
Sec. 8,08. Severability.
Appendix A
PREAMBLE
We, the people of the City of Miami Beach, in order to secure for ourselves the benefits
and responsibilities of home rule and in order to provide for a municipal government to serve
our present and future needs, do hereby adopt this Charter and as part thereof adopt the
following Citizens' Bill of Rights.
CITIZENS' BILL OF RIGHTS
(A) This government has been created to protect the governed, not the governing. In order
to provide the public with full and accurate information, to promote efficient
administrative management, to make government more accountable, and to insure to all
persons fair and equitable treatment, the following rights are guaranteed:
1. Convenient access. Every person has the right to transact business with the City
with a minimum of personal inconvenience. It shall be the duty of the City
Manager and the City Commission to provide, within the City's budget limitations,
reasonably convenient times and places for required inspections, and for
transacting business with the City.
2. Truth in government. No municipal official or employee shall knowingly furnish
false information on any public matter, nor knowingly omit significant facts when
giving requested information to members of the public.
3. Public records. All audits, reports, minutes, documents and other public records
of the City and its boards, agencies, departments and authorities shall be open
for inspection at reasonable time and places convenient to the public.
4. Minutes and ordinance register. The City Clerk shall maintain and make
available for public inspection an ordinance register separate from the minutes
showing the votes of each member on all ordinances and resolutions1. listed by
descriptive title. Written minutes of all meetings and the ordinance register shall
be available for public inspection not later than thirty (30) days after the
conclusion of the meeting.
*Editor's note: The following footnote to this section on citizen's bill of rights was adopted
with the Charter: 1,,Ordinance,, means an official legislative action of the Miami Beach City
Commission, which action is a regulation of a general and permanent nature and enforceable
as a local law. "Resolution" means an expression of the Miami Beach City Commission
concerning matters of administration, an expression of a temporary character, or a provision for
the disposition of a particular item of the administrative business of the Miami Beach City
Commission.
10.
Right to be heard. So far as the orderly conduct of public business permits, any
interested person has the right to appear before the City Commission or any City
agency, board or department for the presentation, adjustment or determination
of an issue, request or controversy within the jurisdiction of the City. Matters shall
be scheduled for the convenience of the public, and the agenda shall be divided
into approximate time periods so that the public may know approximately when a
matter will be heard. Nothing herein shall prohibit the City or any agency thereof
from imposing reasonable time limits for the presentation of a matter.
Right to notice. Persons entitled to notice of a City hearing shall be timely
informed as to the time, place and nature of the hearing and the legal authority
pursuant to which the hearing is to be held. Failure by an individual to receive
such notice shall not constitute mandatory grounds for canceling the hearing or
rendering invalid any determination made at such hearing. Copies of proposed
ordinances or resolutions shall be made available at a reasonable time prior to
the hearing, unless the matter involves an emergency ordinance or resolution.
No unreasonable postponements. No matter once having been placed on a
formal agenda by the City shall be postponed to another day except for good
cause shown in the opinion of the City Commission, or agency conducting such
meeting, and then only on condition that any person so requesting is mailed
adequate notice of the new date of any postponed meeting. Failure by an
individual to receive such notice shall not constitute mandatory grounds for
canceling the hearing or rendering invalid any determination made at such
hearing.
Right to public hearing. Upon a timely request of any interested party a public
hearing shall be held by any City agency, board, department or authority upon
any significant policy decision to be issued by it which is not subject to
subsequent administrative or legislative review and hearing. This provision shall
not apply to the law department of the City nor to any body whose duties and
responsibilities are solely advisory.
At any zoning or other hearing in which review is exclusively by certiorari, a party
or his counsel shall be entitled to present his case or defense by oral or
documentary evidence, to submit rebuttal evidence, and to conduct such
cross-examination as may be required for a full and true disclosure of the facts.
The decision of any such agency, board, department or authority must be based
upon the facts in the record. Procedural rules establishing reasonable time and
other limitations may be promulgated and amended from time to time.
Notice of action and reasons. Prompt notice shall be given of the denial in whole
or in part of a request of an interested person made in connection with any
municipal administrative decision or proceeding when the decision is reserved at
the conclusion of the hearing. The notice shall be accompanied by a statement
of the grounds for denial.
Managers' and attorneys' reports. The City Manager and City Attorney shall
periodically make a public status report on all major matters pending or
concluded within their respective jurisdictions.
11. Budgeting. In addition to any budget required by state statute, the City Manager
shall prepare a budget showing the cost of each department for each budget
year. Prior to the City Commission's first public hearing on the proposed budget
required by state law, the City Manager shall make public a budget summary
setting forth the proposed cost of each individual department and reflecting the
personnel for each department, the purposes therefor, the estimated millage
cost of each department and the amount of any contingency and carryover funds
for each department.
12. Quarterly budget comparisons. The City Manager shall make public a quarterly
report showing the actual expenditures during the quarter just ended against one
quarter of the proposed annual expenditures set forth in the budget. Such report
shall also reflect the same cumulative information for whatever portion of the
fiscal year that has elapsed.
13. Adequate audits. An annual audit of the City shall be made by an independent
certified public accounting firm in accordance with generally accepted auditing
standards. The independent City Auditor shall be appointed by the City
Commission; both appointment and removal of the independent City Auditor
shall be made by the City Commission. A summary of the results of the
independent City Auditor's annual audit, including any deficiencies found, shall
be made public. In making such audit, proprietary functions shall be audited
separately and adequate depreciation on proprietary facilities shall be accrued
so the public may determine the amount of any direct or indirect subsidy. Duties,
method of selection, and method of compensation of the independent City
Auditor shall be established by ordinance.
14. Representation of public. The City Commission shall endeavor to provide
representation at all proceedings significantly affecting the City and its residents
before state and federal regulatory bodies.
(B) The foregoing enumeration of citizens' rights vests large and pervasive powers in the
citizenry of the City of Miami Beach. Such power necessarily carries with it responsibility
of equal magnitude for the successful operation of government in the City. The orderly,
efficient and fair operation of government requires the intelligent participation of
individual citizens exercising their rights with dignity and restraint so as to avoid any
sweeping acceleration in the cost of government because of the exercise of individual
prerogatives, and for individual citizens to grant respect for the dignity of public office.
(C) Remedies for violations. In any suit by a citizen alleging a violation of this Bill of Rights
filed in the Dade County circuit Court pursuant to its general equity jurisdiction, the
plaintiff, if successful, shall be entitled to recover costs as fixed by the court. Any public
official or employee who is found by the court to have willfully violated this article shall
forthwith forfeit his office or employment.
(D) Construction. All provisions of this article shall be construed to be supplementary to and
not in conflict with the general laws of Florida. If any part of this article shall be declared
invalid, it shall not affect the validity of the remaining provisions.
ARTICLE I. CORPORATE EXISTENCE, FORM OF GOVERNMENT, BOUNDARY
AND POWER
Sec. 1.01. Corporate existence; form of government; Charter.
The City of Miami Beach (hereafter "City") in Dade County, Florida, which was created
by the Florida Legislature, shall continue as a municipal corporation with a Commission-City
Manager form of government as provided herein and with this document as the Charter for the
c ty.
Sec. 1.02. Description of corporate boundary.
The area described in Appendix A of this Charter shall constitute
boundary of the City of Miami Beach.
the corporate
Sec. 1.03.
(a)
(b)
(c)
Powers of city.
General. The City shall have all governmental, corporate, and proprietary powers to
enable it to conduct municipal government, perform municipal functions, and render
municipal services, and may exercise any power for municipal purposes except as
expressly prohibited by law or this Charter.
Alienability of property. The only limitation concerning alienability of City-owned property
is the restriction of the sale, exchange, conveyance or lease of five (5) years or longer
(including option periods) of park, recreation, or waterfront property in the City of Miami
Beach while it is being used for such public purpose, unless such sale, exchange,
conveyance or lease is approved by a majority vote of the voters in a City-wide
referendum. This provision shall be liberally construed in favor of the preservation of all
park, recreation, and waterfront lands. This provision shall not be construed to apply to
any valid written contractual commitments or bids or bonded indebtedness which
commitments, bids or indebtedness existed prior to November 4, 1992. Further, this
provision shall not apply to any City-owned educational facility or library property, any
parking facility not located on park, recreation, or waterfront property or to any utility or
access easements or right-of-ways, or to that triangular parcel of City-owned property
known as Parcel 2 of South Pointe Park located within the Miami Beach Redevelopment
Area, said parcel generally described as being 138.87 feet fronting on Biscayne Street
with a northerly boundary of 265.43 feet adjacent to Block 8 of South Pointe
Development company, and a Southeasterly boundary of 226.20 feet adjacent to Cook
Inlet Region property.
The floor area ratio of any property or street end within the City of Miami Beach adjacent
to the Atlantic Ocean, Government Cut, Indian Creek or Biscayne Bay shall not be
increased by zoning, transfer, or any other means from its current zoned floor area ratio
as it exists on the date of adoption of this Charter Amendment [November 7, 2001],
including any limitations on floor area ratios which are in effect by virtue of development
agreements through the full term of such agreements, unless any such increase in
zoned floor area ratio for any such property shall first be approved by a vote of the
electors of the City of Miami Beach. This Charter Amendment shall become effective on
the day after its approval by the voters of the City of Miami Beach. No rights in
derogation of the provisions of this Amendment under any ordinance or any other action
of the Miami Beach City Commission between the time this measure is approved by the
Miami Beach City Commission for placement on the November 6, 2001 ballot and the
adoption of this Amendment shall be enforced against the City of Miami Beach.
(Res. No. 97-22413, 6-4-97; Res. No. 98-22763, 6-3-98; Res. No. 2001-24539, 7-18-01)
Sec. 1.04. Construction.
The powers of the City shall be construed liberally in favor of the City, limited only by the
United States and Florida Constitutions, general and special law, and specific limitations in this
Charter.
The term "City Commission" includes the Mayor and the six (6) City Commissioners.
ARTICLE II. CITY COMMISSION
Sec. 2.01. Number and selection.
The City Commission shall consist of six (6) City Commissioners and a Mayor who shall
be elected at large. Each City Commissioner shall be a qualified elector of the City. City
Commissioners shall be elected for groups numbered and designated I--VI. No candidates for
the office of Commissioner shall be permitted to qualify for more than one (1) group, or for the
office of Mayor.
Commissioners in groups numbered I, II and III shall be elected at the general election
to be held on the first Tuesday in November, 1997 and at each general election each four (4)
years thereafter. Commissioners in groups numbered IV, V, and VI shall be elected at the
general election to be held on the first Tuesday in November, 1995 and at each general election
each four (4) years thereafter. The Mayor shall be elected at the general election to be held on
the first Tuesday in November, 1995 and at each general election each two (2) years thereafter.
A candidate must receive a majority of the votes cast to be deemed elected. If no
candidate receives a majority of the votes cast, there will be a runoff election between the two
candidates in each group receiving the highest number of votes; should a tie result, the
outcome shall be determined by lot. This runoff election shall occur one week from the date of
general election.
In the event that no candidate has qualified in any group, or for Mayor, a vacancy shall
be deemed to have occurred, and shall be filled as provided by the Charter of the City of Miami
Beach for the filling of a vacancy.
Sec. 2.02. Term and compensation.
The term of office of the Mayor shall be two (2) years. The term of office of the City
Commissioners shall be four (4) years.
Commencing with the General Election in November 1997 (excluding individuals holding
City of Miami Beach elective office prior thereto for their unexpired terms), the term limit for
Miami Beach Commissioners shall be eight consecutive years and the term limit for Miami
Beach Mayor shall be six consecutive years respectively, measured retroactively from their first
elections said terms not including time served as a member of the City of Miami Beach
Commission as a result of having filled a vacancy in the Commission pursuant to Section 2.07
of the City of Miami Beach Charter.
The annual compensation for the Office of Commissioner shall be six thousand dollars
($6,000.00) and the compensation for the Office of Mayor shall be ten thousand dollars
($10,000.00); any increase in salary for Mayor and/or Commissioner shall require approval of a
majority of the electorate voting at a City election.
(Res. No. 96-22083, § 8, 7-17-96/11-6-96)
Sec. 2.03. Powers of the city commission.
All powers of the City shall be vested in the City Commission except those powers
specifically given to the Mayor, the City Manager, and to the City Attorney, as provided in this
Charter and except those powers specifically reserved in this Charter to the electors of the City.
Moreover, the City Commission shall have all powers and privileges not inconsistent herewith,
granted to the City Commission of cities and towns by the general laws of the State of Florida,
and shall have power to do and perform all things necessary for the government of the City not
inconsistent with the constitution of the State of Florida, the Constitution and laws of the United
States, and the terms and provisions of this Charter.
The City Commission shall appoint a City Manager and a City Attorney; the City
Commission shall have power to remove the City Manager and/or City Attorney at any time by a
majority vote of the Commission, or, in the event of an employment agreement between the
parties removal shall occur pursuant to the terms of said agreement.
The Commission may also investigate the official acts and conduct of any City official,
and by similar investigations may secure information upon any matter. In conducting such
investigations, the Commission may require the attendance of witnesses and the production of
books, papers and other evidence, and for that purpose may upon a five-sevenths (5/7) vote,
issue subpoenas which shall be signed by the Mayor.
The independent City Auditor shall be appointed by the City Commission; both
appointment and removal of the independent City Auditor shall be made by the City
Commission. Duties, method of selection and method of compensation of the independent City
Auditor shall be established by ordinance.
Sec. 2.04. Induction and meetings.
The City Commission shall, at its first meeting after each general election, which shall
be within three (3) days after the general election (or within thirty (30) days after the runoff
election, if a runoff election is held) elect from its membership a Vice-Mayor who during the
absence or disability of the Mayor, shall perform the duties of Mayor. In the absence or
disability of both the Mayor and Vice-Mayor, the said duty shall be performed by another
member appointed by the Commission.
The City Commission shall meet at such times as may be prescribed by ordinance or
resolution. The Mayor, or the City Manager, may call special meetings of the Commission upon
at least twenty-four (24) hours written notice to each member, served personally, or left at his
usual place of abode; provided, however, that the requirement of such written notice may be
waived at a special meeting by the unanimous vote of the Commission.
No member of the City Commission shall, during the time for which he/she was elected,
be appointed or elected to any City office that has been created or the emoluments thereof
shall have been increased during such time.
Sec. 2.05. Procedures for passing ordinances generally.
The City Commission shall have the power to make, establish and ordain for the
government of the City of Miami Beach and the officers of said City, ordinances in writing not
inconsistent with this Charter, the Constitution and laws of the State of Florida and of the United
States, as it may deem necessary provided a majority of the City Commission shall consent
thereto.
Each ordinance shall be introduced in writing and shall embrace one subject and
matters properly connected therewith. The subject shall be clearly stated in the title. The
enacting clause shall be "BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION..."
No ordinance shall be revised or amended by reference to its title only. Ordinances to revise or
amend shall set out in full the revised or amended act or section or subsection or paragraph of
a section or subsection. A proposed ordinance may be read by title, or in full, on at least two (2)
separate dates and shall, at least ten (10) days prior to adoption, be noticed once in a
newspaper of general circulation in the municipality. The notice of proposed enactment shall
state the date, time, and place of the meeting, the title or titles of proposed ordinances, and the
place or places within the municipality where such proposed ordinance or ordinances may be
inspected by the public. Said notice shall also advise that interested parties may appear at the
meeting and be heard with respect to the proposed ordinance or ordinances. No ordinances
shall be declared invalid by reason of any defect in publication or title if the published summary
gives reasonable notice of its intent. At the time and place so advertised, or at any time and
place to which such public hearing may, from time to time, be adjourned, the ordinance shall be
read by title and a public hearing shall be held. After the hearing, the City Commission may
pass the ordinance with or without amendment. The effective date shall not be earlier than ten
(10) days after its enactment.
Proposed ordinances which enact or amend the City's Zoning Ordinance or
comprehensive Plan of the City of Miami Beach shall be adopted according to the procedures
set forth in the City of Miami Beach's Zoning Ordinance.
To meet a public emergency affecting life, health, property or public safety, the City
Commission by two-thirds (2/3) vote of the members of the City Commission may adopt an
emergency ordinance at the meeting at which it is introduced and may make it effective
immediately. After adoption of an emergency ordinance, the City Commission shall cause it to
be published in full within ten (10) days in a newspaper of general circulation in the municipality.
No emergency ordinance shall be enacted which enacts or amends a land use plan or which
rezones private property.
State law references: Uniform minimum mandatory procedure for passage of ordinances,
F.S. § 166.041.
Sec. 2.06. Duties of elected mayor.
The Mayor shall be the presiding officer at the meetings of the Commission and shall
bear the title of Mayor and shall have a voice and a vote in the proceedings of the City
Commission but no veto power, and he/she may use the title of Mayor in any case in which the
execution of legal instruments in writing or other necessity arising from the general laws of the
state so requires; he/she shall sign all deeds, contracts, bonds or other instruments of writing to
the which the City is a party when authorized to do so by ordinance or resolution of the City
Commission, but he/she shall not have the administrative or judicial functions and powers of the
Mayor under the general laws of the state. He/she shall be recognized as the official head of
the City by the Courts for the purpose of serving civil processes, by the Governor in the
exercise of military law and for all ceremonial purposes and he/she shall, in addition thereto,
perform such other duties as may be by ordinance prescribed by the City Commission. The
Mayor shall be the appointing authority for the employees in the Mayor's Office who are in the
unclassified service.
Sec. 2.07. Vacancies in city commission.
Any vacancy occurring in the City Commission shall be filled by the vote of the majority
of the remaining members of said City Commission with the appointee serving the remainder of
the unexpired term until the next succeeding general City election and with any further
remainder of said unexpired term to be filled by a Commissioner elected at said general
election; if the remaining members of the City Commission shall fail or refuse to fill such
vacancy within 30 days after it occurs and if no general City election will be held within 90 days
after the expiration of said 30 days, then a special election shall be called and held to elect a
Commissioner to fill such vacancy for the remainder of the unexpired term.
Sec. 2.08. Removals and suspensions from office of city commission.
The mayor and any City Commissioner, in addition to being removed by recall pursuant
to State law, may be removed from office pursuant to the Miami Beach City Code.
ARTICLE II1. CITY ATTORNEY
Sec. 3.01. City attorney; duties generally; appointment of personnel.
There shall be appointed by the City Commission of the City of Miami Beach, a City
Attorney. His/her compensation shall be fixed by the City Commission by ordinance. The City
Attorney shall be the head of the Office of City Attorney and in this capacity shall have the
following powers:
(a) To act as the legal advisor for the municipality and all of its officers in all matters
relating to their official powers and duties.
(b) To prepare or review all ordinances, resolutions, contracts, bonds and other
written instruments in which the municipality is concerned, and shall endorse on
each his/her approval of the form, language, and execution thereof.
(c) When required by the Commission, he/she shall prosecute or defend, for and in
behalf of the City, all complaints, suits and controversies in which the City is a
party, before any court or other legally constituted tribunal.
(d) To attend all meetings of the City Commission.
(e) He/she shall recommend to the City Commission for adoption, such measures as
he/she may deem necessary or expedient.
(f)
(g)
(h)
He/she shall render opinions and/or reports on legal matters affecting the City as
the Commission may direct.
He/she shall perform such other professional duties as may be required of
him/her by ordinance or resolution of the Commission or by this Charter.
To appoint and remove all unclassified personnel in the Legal Department,
including outside counsel representing the City.
ARTICLE IV. CITY MANAGER AND ADMINISTRATIVE ORGANIZATION
Sec. 4.01, City manager--Compensation and qualifications.
The City Manager's compensation shall be fixed by the City Commission by ordinance.
The Manager shall be chosen upon the basis of his/her qualifications.
Sec. 4.02. City manager--Functions and powers.
The City Manager shall be the chief executive officer and head of the administrative
branch of the City government. Except as specifically provided otherwise in this Charter, the
City Manager shall be responsible to the City Commission for the proper administration of all
affairs of the City. The functions and powers of this office shall be:
(a) To see that the laws and ordinances are enforced.
(b) To appoint all directors of the several departments now existing, or to be
created, with the consent of the City Commission, and to remove the same at
will, except for the Legal Department.
(c) To appoint and remove, at will, the division heads of departments or divisions
now existing or to be created by law or ordinance, except for the Legal
Department.
(d) To appoint and remove at will, all other officers or employees in the unclassified
service of the City, except the Mayor and City Commissioners, or those
individuals appointed by the Commission, the employees in the Mayor's Office
who are in the unclassified service for whom the Mayor shall be the appointing
authority, and the unclassified personnel in the Legal Department who shall be
appointed and removed by the City Attorney.
(e) To attend all meetings of the City Commission, with the right to take part in the
discussion, but having no vote.
(f) To recommend to the City Commission for adoption, such measures as he/she
may deem necessary or expedient.
(g) To keep the City Commission fully advised as to the financial condition and
needs of the City.
(h) To have general and special supervision and control, subject to the control by
the City Commission, of the several departments now existing, except for the
Legal Department, or hereafter to be created, and the City Manager shall be
(k)
purchasing agent of the City, with authority to delegate such duty.
To negotiate all contracts and agreements in which the City is a party subject to
the approval of the City Attorney and City Commission.
The City Manager shall account to the City Commission for the conduct and acts
of the several departments now existing, or hereafter to be created, and he/she
shall have supervision and control of the heads of the said departments, and
such heads as appointed by the City Manager shall be accountable to the City
Manager for the conduct and acts of their departments, except for the Legal
Department.
To perform such other duties as may be prescribed by the City Commission by
ordinance or resolution.
ARTICLE V. BUDGET AND FINANCE
Sec. 5.01. General power.
The City of Miami Beach shall have the power to borrow money, contract loans, and
issue bonds, notes, and other obligations or evidences of indebtedness in accordance with
Florida law.
Sec. 5.02. Budget.
In accordance with Florida law the City Commission shall adopt an annual budget.
State law references: Procedure for adoption of budget, F.$. § 205.065.
Sec. 5.03. Tax on occupancy of hotels, etc., and on certain foods and beverages.
The City of Miami Beach is authorized and shall have the right to impose, levy and
collect a tax on the rent of every occupancy of a room or rooms in any hotel, motel or apartment
house when the renting is for the period of occupancy for imposition of a transient rental tax as
established by F.S. § 212.03 (as amended); and upon the total sales price of all items of food
and alcoholic beverages sold at retail by any establishment engaged in the sale of alcoholic
beverages and/or food; said tax to be paid by the person paying the rent or paying for the food
and/or alcoholic beverage herein specified and to be collected by the person renting said rooms
or selling said food or alcoholic beverage for the use and benefit of the City. Sales or rentals
exempted by F.S. ch. 212 shall also be exempt from the tax hereby authorized. That the total
receipts from the above tax levy shall be kept and maintained in a separate fund and shall in no
event be transferred to the general fund, and that the said fund shall be used for the promotion
of the tourist industry, which shall include, but not be restricted to the following: publicity,
advertising, news bureau, promotional events, convention bureau activities, capital
improvements and the maintenance of all physical assets in connection therewith; and for the
payment of the reasonable and necessary expenses of collecting, handling and processing of
said tax. That the Commission shall have the authority and power by ordinance to determine
and fix the amount of said tax after public hearing not in excess of two percent (2%), except
that an additional tax of one percent (1%) may be imposed, levied and collected on the rent of
every occupancy of a room or rooms in any hotel, motel or apartment house when the renting is
for the period of occupancy for imposition of a transient rental tax as established by F.S. §
212.03 (as amended), provided that such additional one percent (1%) shall be used, subject to
the rights of bondholders, (A) fifty percent (50%) for public incentives for convention center
headquarters hotel development, and upon retirement of all debt related thereto, to be used as
in (B) below, and (B) fifty percent (50%) for promotion of tourism related activities and facilities,
and developing, improving and maintaining tourism related public facilities; provided that such
additional one percent (1%) of tax shall not be imposed until such time as the City of Miami
Beach has entered into an agreement with a developer for development of a convention center
headquarters hotel; and provided further that the authority created pursuant to Section 8 of
Chapter 67-930 shall have no right to receive any portion of such additional one percent (1%) of
tax.
Editor's note: The resort tax in this section was authorized by Laws of Fla., ch. 67-930, which
required this Charter provision and which general law of local application, Laws of Fla., ch.
67-930, is recognized and continued in F.S. § 125.0104(3)(b).
ARTICLE VI. ELECTIONS*
*State law references: Florida Election Code, F.S. chs. 97--106.
Sec. 6.01. Electors.
Any person who is a resident of the City of Miami Beach, who has qualified as an elector
of the State of Florida and who registers in the manner prescribed by law shall be a qualified
elector of the City.
State law references: Registration of electors, F.S. § 97.105; qualification of electors, F.S. §§
97.041,166.032.
Sec. 6.02. Nonpartisan elections.
All elections for the office of City Commission shall be conducted on a nonpartisan basis
without any designation or political party affiliation.
Sec. 6.03. Qualifying.
The City Commission shall cause to be placed on the ballot to be used in the general
election the name of any qualified elector of the City who, within the four (4) consecutive days
immediately following the first Monday of September prior to said general election, shall have
paid to the City Clerk of the City of Miami Beach the sum equal to seven and one-half percent
(7 1/2%) of the annual salary of the office to which he/she seeks election as a qualifying fee
and shall have been photographed and fingerprinted by the identification bureau of the Police
Department of the City, unless such person shall file with the City Clerk no later than the
second day for qualifying as a candidate for such office, a petition approving his candidacy
signed by sufficient qualified and registered voters to constitute not less than two percent (2%)
of this number of such voters as the same shall be on the date sixty (60) days prior to the first
day of qualifying as a candidate for office, and shall have taken, signed and subscribed to an
oath or affirmation in writing in which he/she shall state (1) the title of the office for which he/she
is a candidate; (2) that he/she is a qualified elector of the City of Miami Beach, Florida; (3)
his/her legal residence, by street and number; (4) that he/she is qualified under the ordinances
(including Miami Beach City Code Chapter 38 governing "Elections") and Charter of the City of
Miami Beach, Florida, to hold the office for which he/she is a candidate.
Such oath or affirmation shall be substantially in the following form:
TABLE INSET:
Before me, an officer authorized to administer oaths, personally appeared to me well known
who, being sworn, says that he/she is a candidate for the office of City Commissioner (Group
No. (or Mayor) for the City of Miami Beach, Florida; that he/she is a qualified elector
of said City; that his/her legal residence is: , Miami Beach, Dade County, Florida;
that he/she is qualified under the ordinances (including Miami Beach City Code Chapter 38
governing "Elections") and Charter of said City to hold such office; and that he/she has paid the
required qualification fee.
Sworn to and subscribed before me this
Signature of Candidate
day of A.D., 19
Authorized Officer
The City Commission shall, by ordinance, prescribe the manner of holding general and
special elections not inconsistent with the provisions hereof, and shall, by ordinance or
resolution, prescribe polling places in the various voting precincts in the City.
Sec. 6.04. Vacancy in candidacy.
If the death, withdrawal or removal of a qualified candidate for Miami Beach City
Commission following the end of the qualifying period results in only one candidate remaining
on the ballot for that office, there shall be one supplemental qualifying period of five (5) days
beginning on the first day following the vacancy in candidacy. No further supplemental
qualifying period shall thereafter be established at all if a vacancy in candidacy occurs within
twenty-six (26) days prior to the date of the general election for the office of City Commissioner
or Mayor. If within twenty-six (26) days prior to the date of the general election for the office of
City Commissioner or Mayor, there is only one candidate on the ballot for an elected office, said
candidate shall be declared elected and no election for that office shall be required.
State law references: Filling vacancy in candidacy, F.S. § 166.031(6).
ARTICLE VII. INITIATIVE AND REFERENDUM